1. Mercury and Suction Dredging Analysis of Data 10 May 2010 Eric Maksymyk

2. SYNOPSIS Impact of Mercury from suction dredging should be “Less than Significant” – Individual and Cumulative Impacts – Under the Existing Program 2 3347 S. West Shore ● Tampa, FL 33629 ● 813.892.1225

3. DSEIR Requirements for Significance 1. Increase levels of any priority pollutant (Hg) that would exceed State or Federal established levels 2. Result in substantial, long-term degradation of existing water quality that would cause substantial adverse effects to one or more beneficial uses of a water body. 3. Increase levels of any bio-accumulative pollutant in a water body by frequency and magnitude such that body burdens in populations of aquatic organisms would be expected to measurably increase. 3 3347 S. West Shore ● Tampa, FL 33629 ● 813.892.1225

4. 4 Increase levels of any priority pollutant (Hg) that would exceed State or Federal established levels Criteria 1 Must show suction dredging increases pollutants that exceed hazardous limits – What does the data show? 3347 S. West Shore ● Tampa, FL 33629 ● 813.892.1225

5. Increase or Decrease? Detailed analysis of studies showed: Humphrey’s 2005 [RWQCB] – Unmodified suction dredge captured 98% of floured mercury – Highest level measured was 1.9mg/kg – Mercury mobilized on its own during low flow conditions – Floured mercury in material was unchanged before and after dredging Fleck 2010 [USGS] – Unmodified suction dredge captured 98% of mercury – Hg released in water flow was below detection limits – Hg(II)r from sample to tailings decreased – MeHg release was below detection limits 5 Both actual dredge studies show a decrease in Hg from suction dredging 3347 S. West Shore ● Tampa, FL 33629 ● 813.892.1225

6. Why is this not mentioned in the DSEIR? Second Dredge Test US Government Study 2007 (Fleck, 3” Dredge) 6 Suction Dredges Remove 98% of the Mercury from the Source Material 3347 S. West Shore ● Tampa, FL 33629 ● 813.892.1225 Actual Dredge Test RWQCB (Humphreys 2003)

7. Mercury Discharges from a Dredge Never Exceed California Hazardous Waste Thresholds To exceed the threshold from the Humphreys test would require 1,000mg of mercury per kg of material moved to result in >20mg of discharged Hg 7 3347 S. West Shore ● Tampa, FL 33629 ● 813.892.1225

8. California Hg Waste Threshold California Hazardous Waste Threshold is 20mg/kg. At no point did either dredge even approach this limit. Dredging the most contaminated site in the state resulted in a release of 1.9 mg/kg – 90% below the threshold. IN ADDITION: California rules allow averaging of samples over a 30 day period – not mentioned in the DSEIR A suction dredge would NEVER exceed the threshold under any realistic scenario and actual testing using a real dredge confirms this 8 3347 S. West Shore ● Tampa, FL 33629 ● 813.892.1225

9. Same Flaw in Both Studies Hg Calculations not based on a real dredge “Release of Mercury” was actually computed on the captured mercury in the concentrates – how? This is where the 298 mg/hr rate came from – not a real dredge Graph from SEIR – 298 mg/hr 298 mg/hr is based on concentrate levels + the highest TSS ever observed from a dredge (8” dredge). 9 3347 S. West Shore ● Tampa, FL 33629 ● 813.892.1225

10. Criteria 2 Appears DSEIR conclusion is based on: 1.Speculation that suction dredges cause flouring of mercury 2.Speculation that mobilization of floured mercury causes transformation to MeHg 10 Result in substantial, long-term degradation of existing water quality that would cause substantial adverse effects to one or more beneficial uses of a water body. 3347 S. West Shore ● Tampa, FL 33629 ● 813.892.1225

11. Flouring of Mercury 11 DSEIR references two sources on flouring – “Silva, 1986 and Humphreys 2005.” As Silva doesn’t make one mention of a gold dredge in the entire pub and actually recommends the use of mercury, we’ll look at Humphreys 3347 S. West Shore ● Tampa, FL 33629 ● 813.892.1225

12. Humphreys Study Humphreys found that ALL mercury in the sample prior to dredging passed through a 30 mesh screen (floured) Humphreys found that ALL mercury in the tailings passed through a 30 mesh screen (floured) Yet the dredge captured 98% of the floured mercury! Mercury was Floured both before and after dredging 30 Mesh Screen 12 3347 S. West Shore ● Tampa, FL 33629 ● 813.892.1225

13. Actual Use of a 3”Dredge in 2007 Fleck 2010 (USGS Test) Why is this not mentioned in the DSEIR? MeHg Lowers after the start of dredging pTHg increaseas by less than half of one part per trillion 13 3347 S. West Shore ● Tampa, FL 33629 ● 813.892.1225

14. DSEIR Conclusion One 4” dredge working in Fleck Test Pit #2 would produce 298mg an hour exceeding the natural annual load of Hg in the S. Yuba River in 1,100 hours Simple – but wrong 14 But – The real dredge test Fleck cited produced 3 mg / hr dredging in a nearby hotspot – actual data vs. theoretical 3347 S. West Shore ● Tampa, FL 33629 ● 813.892.1225

15. DSEIR Calculations are Impossible A suction dredge must work for 19 hours to move the 2% fraction of material containing <.063mm 15 3347 S. West Shore ● Tampa, FL 33629 ● 813.892.1225

16. The Real Time Required DSEIR = 1,100 hours Actual = 2,800,000 hours 16 14,800 dredgers on the S. Yuba River would be required to reach this load 3347 S. West Shore ● Tampa, FL 33629 ● 813.892.1225

17. 1 Dredge or 14,800? 17 It would take 14,800 permitted dredgers, all working the confluence of the S. Yuba River and Humbug creek to produce the annual load of the S. Yuba River 3347 S. West Shore ● Tampa, FL 33629 ● 813.892.1225

18. Summary 18 DSEIR Claim: 298mg/hr Fleck Measured Amount - Only 8 mg of Hg in tailings (not released) in 2 hours DSEIR Based on TSS rate of 340mg/l Fleck actual measurement – 3 mg/l DSEIR Assumes 100% of time in the <.063 particle layer Actual tests – 2% of total material moved – less than 5 minutes of time out of 19 hours 3347 S. West Shore ● Tampa, FL 33629 ● 813.892.1225

19. Conclusions 1.Mercury is floured both prior to and after dredging [Humphreys] 2.US Government studies prove that a standard suction dredge captures 98% of floured mercury [Fleck & Humphreys] 3.Study found no detectable amounts of MeHG in discharge from the real 3” dredge [Fleck] 4.Study found no significant detectable amounts of Hg in discharge from the dredge [Fleck] 5.Study found a reduction in Hg(II)r levels from source material to tailings material [Fleck] 19 3347 S. West Shore ● Tampa, FL 33629 ● 813.892.1225

20. Criteria 3 DSEIR evaluates against Fleck study and MeHg levels Can we attribute increased MeHg levels to suction dredging? The DSEIR concludes they do. BUT, what do the studies show? 20 Increase levels of any bio-accumulative pollutant in a water body by frequency and magnitude such that body burdens in populations of aquatic organisms would be expected to measurably increase 3347 S. West Shore ● Tampa, FL 33629 ● 813.892.1225

21. Fleck Study Measured larva of various species in 2007 and 2008 – found differences between the two years and concluded the only variable that changed was dredging was banned in the area in 2008 – therefore the DSEIR concludes it must have been dredging. Is this finding substantiated? Deviations markedly different 21 3347 S. West Shore ● Tampa, FL 33629 ● 813.892.1225

22. Water Years 2007 to 2008 Fleck Study: Qualitatively observed the two years were “about the same.” No dredging year Dredging year 22 3347 S. West Shore ● Tampa, FL 33629 ● 813.892.1225

23. Almost the Same With the exception of … 2007: Flood occurred on 11 February 2008: Flood occurred on 4 January 2007: Flood exceeded 2008 by 1,000 cfs IF you’re measuring MeHg it would be helpful to know how the hatches being measured coincide with recent flood events 23 3347 S. West Shore ● Tampa, FL 33629 ● 813.892.1225

24. How much Hg in a Flood? Fleck took point samples during a May 5 th, 2009 flood event A single flood event produces the total annual load of Hg In 24 hours 24 3347 S. West Shore ● Tampa, FL 33629 ● 813.892.1225

25. Results A flood event contributes far more Hg to the river than suction dredgers EVER could - Natural load achieved in 24 hour period The timing of flood events will have significant impact on measured MeHg levels The analysis of MeHg must take into account more than 1 variable DSEIR Conclusions are not supported by the actual data in the cited studies 25 3347 S. West Shore ● Tampa, FL 33629 ● 813.892.1225

26. How much Hg in Fish? 26 At Lower end of average ranges Highest – not average Distorts the data The ranges of MeHg values are well within national averages 3347 S. West Shore ● Tampa, FL 33629 ● 813.892.1225

27. Conclusions The DSEIR is incorrectly using the study data to draw speculative conclusions not based on the actual study data. The DSEIR provides no evidence that suction dredging is in any way harmful to the environment – under the 1994 program rules or the proposed new rules There are 40 years of suction dredging history – where is the actual harm? The DSEIR incorrectly classifies ‘mercury re-suspension and its cumulative impacts’ as Significant and Unavoidable. This analysis of the offered data clearly supports no such conclusion, and the Final SEIR needs to reflect the true facts about Mercury and suction dredging. Suction Dredging removes mercury from the environment and studies show that 27 3347 S. West Shore ● Tampa, FL 33629 ● 813.892.1225